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kiran   24 March 2025

How to delete a third party in a partition suit?

Dear Sir/Madam,

The partition suit was filed in 2007 and is still pending. In 2011, a third party, who is unrelated to this family, filed an impleading application claiming that the suit property belongs to them. This application was allowed.

In 2022, during the cross-examination by the plaintiff’s counsel, the third party confirmed that the suit property (Survey No. 105/3, measuring 1 acre) and their own property (Survey No. 105/P1, measuring 3 acres 5 gunta) are different. The third party admitted that their property is 105/P1, measuring 3 acres 5 gunta, and that they have no interest in the suit property, which is 105/3, measuring 1 acre.

Given that the third party has admitted that the suit property is not theirs, can we request their removal from the partition suit, or should they remain involved until the final judgment? Partition suit filed in karnataka.

Thank you.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 March 2025

If the third party is unrelated to this suit then the court by its judgement will give verdict accordingly, you don't have to file any application to remove him because your application is not maintainable as he was impleaded as a party by an order of the court.

1 Like

kiran   25 March 2025

Originally posted by : T. Kalaiselvan, Advocate
If the third party is unrelated to this suit then the court by its judgement will give verdict accordingly, you don't have to file any application to remove him because your application is not maintainable as he was impleaded as a party by an order of the court.

Thank you for your quick reply sir, much appreciated.

R.K Nanda (Advocate)     25 March 2025

No need for you to request court for removal of third party from suit but court will pass judgement accordingly. 

1 Like

kiran   25 March 2025

Thank you for the reply Nanda Sir. I appreciate your help....


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